Dsouza, Mark; (2024) Why Ivey was a Mistake (aka Two Times I Flirted with Theft). In: Simester, AP, (ed.) Modern Criminal Law: Essays in Honour of GR Sullivan. Hart Publishing (Bloomsbury): London, UK.

Text Dsouza_WHY IVEY WAS A MISTAKE A.K.A. TWO TIMES I FLIRTED WITH THEFT.pdf Access restricted to UCL open access staff until 19 October 2024. Download (360kB)

Abstract

I have learned a tremendous amount about the criminal law from Bob Sullivan’s work, and so I am delighted to contribute to this collection of essays to mark his retirement from Simester and Sullivan’s Criminal Law. Having never studied English criminal law as an undergraduate student, it was the fourth edition of the Simester and Sullivan textbook that became my first and main criminal law teacher when, as a PhD student, I frantically read up on the subject in order to lead undergraduate criminal law supervisions. I do not exaggerate when I say that the Simester and Sullivan textbook has shaped my entire approach to, and understanding of, not just English criminal law, but also key concepts in the theory and philosophy of law. In this essay, I want to focus on one area of law to which Sullivan has returned time and again, even in his work outside the textbook – the law of theft. In particular, I want to focus on the test for determining whether some conduct has been performed dishonestly.

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